If I am in an auto accident with an uninsured motorist and they are at fault, what happens then?

Drivers are required to carry some form of auto insurance in every state of Canada.  In most states, you must carry minimum liability coverage for bodily injuries and property damage.  In the case of the uninsured motorist, your auto insurance company will compensate you provided your policy includes uninsured motorist coverage.

What if my vehicle needs to be repaired or replaced?

You can have your vehicle repaired provided you are not the person who is at fault for the accident.  Either the person who is responsible or their insurance carrier is liable for the cost of repairs and if your vehicle is totaled, you are entitled to having it replaced at fair market value.  Additionally, if you need a vehicle while yours is being repaired, you may be entitled to a rental care provided you were not at fault in the accident.  Any rental car expense must be paid by the person responsible for the accident or their insurer.

If I am injured, am I allowed to choose my own doctor?

By law, you can choose any doctor you want to treat your injuries.  Furthermore, you can begin treatment without the prior approval of an insurance company.  You can also select a chiropractor if you have incurred a back or neck injury in the accident.

3 Questions regarding Your Personal Injury Claim and Lawsuit

Do I need to hire a lawyer?

Although you are not required by law to hire a lawyer, it will be difficult for you to represent yourself against and insurance company attorney in court as well as having to deal with an insurance adjuster directly.  These individuals have the company’s best interests in mind – not yours!  Conversely, a personal injury lawyer has your best interests in mind, especially where protecting your rights is concerned.  So your best option would be to hire an experienced personal injury lawyer.

Is it necessary to file a personal injury lawsuit?

Not always.  In fact, the majority of the personal injury claims that are handled by a lawyer have been settled out of court.  If you file a lawsuit, you run the risk of delaying any recovery of damages.  More importantly, it may increase the expenses associated with your case. Lawsuits should only be filed as a last resort.  However, the circumstances surrounding your injuries may warrant you filing a lawsuit in order to obtain an equitable and full recovery.

When do I need to file my personal injury claim?

You must file a lawsuit or settle your claim within two years from the date you were in the accident and your injuries occurred.  You may not be able to pursue your personal injury claim if you do not file within the required time period.  However, there may some exceptions where this applies, so you may be able to extend the time period in these situations.